In the application dated 17.04.2023, the Applicants seeks to set aside the Statutory Demand served on it making a demand for Kshs. 3,948,608.00 on account of services rendered in 2019. The services are not denied but the Respondent raises the provision of substandard service based on an undated report which does not even quantify the loss. Given the period of time the debt has been pending, there is a case to be made that the Company may be insolvent despite a self serving letter written by its own accountants.
The application dated 17.04.2023 is dismissed. The Creditors are at liberty to file and serve the Petition to liquidate the Company within 21 days.
The Applicant shall pay the Creditor costs of the application assessed at Kshs. 30,000.00.
DATED and DELIVERED at NAIROBI this 24th day of MAY 2023
D. S. MAJANJA
JUDGE